ROUTINE AND NON-ROUTINE RISK CONSIDERATIONS

Moving to new premises is not a routine occurrence and may therefore not be included in your risk assessments of routine activities.

Green Marine Ltd in Southampton was moving to new premises and had left the old premises in an untidy state. When an employee as part of a team was sent to remove a spray booth for transporta- tion to the new premises a serious accident occurred.

The work involved use of an overhead crane to lift doors after the hinges were removed, but in order to remove the hinges ladders were used. It transpired the ladder used by the employee was not high enough so a scissor lift was manoeuvred. This knocked a shelf, hitting a piece of timber, which then fell onto the employee who sustained a fractures to his leg in four places.

The HSE stated the accident could have been avoided if a risk assessment had been carried out, the work had been planned and the company monitored the activity. Added to this was the fact the employee who moved the scissor lift had not been trained in how to do so.

The company was fined £26,666 and ordered to pay costs of £6163 for it’s ‘oversight’ in it’s proce- dures.

Has or will your business be affected by these issues? Empire welcome all feedback and comments.

Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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No fault dismissals – are you in favour?

According to a recent survey from the Institute of Directors, the majority of employers are backing controversial proposals to allow “no-fault dismissals” for under-performing employees.

 The Beecroft report commissioned by Downing Street has made a number of recommendations, that companies be freed from more than 20 employment laws and that they should be able to dismiss workers more easily.

 What are your thoughts? Do you think it will reduce the regulatory burden? Will it encourage business to recruit more people? We’d be interested to hear your views:

Politicians divided on ‘no-fault-dismissal’ proposals

Beecroft Report puts economic growth before workers’ rights Related articles

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Email newsletter Free daily HR news email Government proposals to bring in ‘no-fault dismissal’ rules could divide the Coalition partners as the controversial Beecroft report is set to be published.

The plans, outlined in the report last October by entrepreneur Adrian Beecroft, aim to slash red tape for employers and make it easier for them to hire and fire staff as they are needed.

To view the full article, please click here...

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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Qualifying period for unfair dismissal increases

The qualifying period for gaining employment protection rights against unfair dismissal increases from one to two years today. The increase will apply only to employees whose commencement date is on or after 6th April 2012.

Employers should continue to be vigilant when considering dismissals for employees who started prior to 6th April 2012 as they will still be able to bring a claim after only one year’s service. It is important to note that the change to the qualifying period will not remove the risk of discrimination claims as no qualifying periods apply to these claims. In addition there are a number of exceptions to the qualifying period which will remain.

It is anticipated that the increase in the service requirement for most unfair dismissal claims may result in an increase in employees seeking to make alternative claims. As such it will be important for employers to seek advice in any circumstances where they are considering the dismissal of an employee to ensure that the risk of any claim being made is minimised.

Please contact the Empire Team if you have any queries about these changes, and especially if you are looking to terminate an employee’s contract of employment.

Other Legislative Changes which take effect today:

• Employment tribunal procedure reformed - On 6 April 2012, the maximum amounts of deposit and costs orders increase; 
• Statutory maternity, paternity, adoption and sick pay increased from £128.73 to £135.45 on 1st April. The weekly rate of statutory sick pay also increases, from £81.60 to £85.85, on 6 April 2012 ;
• Tax thresholds - On 6 April 2012, the lower earnings limit for primary Class 1 national insurance contributions increases from £102 to £107, the income tax personal allowance increases to £8,105, and the threshold at which employees pay the higher income tax rate of 40% is reduced to £34,371;
• Calculation of staging date for pension auto-enrolment - From October 2012, employers will be required to auto-enrol eligible jobholders into a qualifying workplace pension scheme . The date from which employers must auto-enrol employees (known as the "staging date") is based on the number of employees in their PAYE scheme on 1 April 2012
• Accident-reporting requirements change - On 6 April 2012, the required period of incapacity following an injury caused by an accident at work, which triggers the employer's requirement to report the accident to the enforcing authority , increases from more than three days to more than seven days. The deadline by which the employer must report the accident increases from 10 days to 15 days.
• Definition of "independent adviser" for compromise agreements clarified.

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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CHANCELLOR HINTS AT NO-FAULT DISMISSALS FOR SMALL BUSINESS

George Osborne has suggested that compensated no-fault dismissals could be introduced for what he called “the smallest businesses” in an attempt to protect employers’ rights.

Speaking at the EEF Manufacturers’ Dinner on 6th March, Osborne said: “Of course, employees have rights and should be protected. But what about your right to start a business and not be sued out of existence? And now we’re beginning a call for evidence on the case for a new compensated no-fault dismissal for our smallest businesses. Plenty of trade unions and others will be submitting their evidence for why we shouldn’t do this. If you think we should, and it will increase employment, then don’t wait for someone else to send in the evidence. Send it in yourself.”

The proposed “compensated no-fault dismissal” system was originally outlined in the leaked set of recommendations put together in November 2011 written by venture capitalist Adrian Beecroft and reportedly commissioned by David Cameron.

John Read, employment law editor at XpertHR, suggested that this statement overlooks the fact that employers cannot be “sued out of existence” unless they treat their employees badly and suggests that bad employers will be the only parties who are protected by the introduction of no-fault dismiss- als. He said: “.....When it comes to unfair dismissal, employers have only to act reasonably in the circumstances to dismiss an employee fairly”. Small employers might be panicked about employment law and unfair dismissal in particular, how- ever, Empire are here to provide you with any help and advice you may need in all areas of employ- ment legislation.

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts. If you have found this post interesting please use the "Share" buttons below to tell your online community about it, there's a good chance they will find it interesting too. Thank you.

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PENSIONS AUTO-ENROLMENT UNDERMINES GOVERNMENT’S PROMISE TO CUT RED TAPE

Pensions auto-enrolment will add “another layer of red tape and bureaucracy” for employers, break- ing the Government’s promise to reduce the burden of red tape on businesses. Daniel Barnett, an employment lawyer, made the comments in response to a survey that found that pension auto-en- rolment was the top concern for employers and HR professionals for the year ahead.

33% of the 1,400 people surveyed by Barnett said that the introduction of pensions auto-enrolment would be their biggest challenge this year. Once it comes into force, employers will have to automatically enrol eligible employees into qualifying workplace pension schemes and make mandatory employer contributions. The date on which employers will have to begin auto-enrolment will depend on their PAYE scheme size, with the largest employers having to auto-enrol employees from 1 October 2012.

Barnett commented that “employers are being left confused and uncomfortable” about what seems like another layer of red tape and bureaucracy. The survey also found that more than a quarter of HR professionals would like to see the Agency Workers Regulations scrapped and 26% want the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) to be abolished. However, employers were largely positive about the upcoming reforms to the employment tribunal system, which include the introduction of fees for employees bringing tribunal claims and an increase in the qualifying period for unfair dismissal, with 56% believing that it will reduce the number of claims.

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts. If you have found this post interesting please use the "Share" buttons below to tell your online community about it, there's a good chance they will find it interesting too. Thank you.

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ARE YOUR RISK ASSESSMENTS FINDINGS ACTED ON?

A company based in Wales, Allevard Springs Ltd have been fined £10,000 and ordered to pay costs of almost equal value after pleading guilty to breaching PUWER regulations, failing to protect workers.

A worker suffered a broken arm, required stitches and skin grafting after an accident involving a bar drawing-line machine. In order to alter the air pressure regulator the employee accessed the machine enclosure, leaned over the conveyor and as he did so his arm slipped causing the travelling metal bars which he was trying to align, went through his arm.

He had to protect himself from further injury using his other hand until his colleague shut down the machine.

The company had a full risk assessment in place which identified workers were able to access moving parts of the machine but had failed to implement any controls to prevent harm.

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts. If you have found this post interesting please use the "Share" buttons below to tell your online community about it, there's a good chance they will find it interesting too. Thank you.

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Empire's new Training Calendar provides an easy way to add relevant courses to your calendar

We're delighted to announce this year's Training Courses from Empire; we have a comprehensive range of courses to help you keep up to date with employment law legislation and health & safety responsibilities.  In addition we have a number of courses designed to help you manage your business.  Take a look at the list below which include links to our Training Calendar that will give you booking details and an easy way to add relevant courses to your own calendar.

If you need any further information on our courses please email us or, visit the web site which is updated on a regular basis with all the latest details.

EMPLOYMENT LAW UPDATE
Employment Law has recently been in the headlines for the ‘radical’ changes being contemplated by the coalition government; but these aren’t the only changes to affect Employment Law – what about Agency Workers; Holiday Pay; National Minimum Wage Law; Redundancy Law, TUPE Law and Unfair Dismissal to name a few areas which have seen changes in the past year.
CHECK CALENDAR FOR TRAINING DATES

RESTRUCTURING, REDUNDANCY & MERGERS
A practical workshop highlighting key legislative and employee relations considerations for any business undergoing change with a focus on legal compliance.
CHECK CALENDAR FOR TRAINING DATES

DIRECTOR’S RESPONSIBILITIES
Empire’s in-house Barrister, Craig Bennison will look at Director responsibilities from an HR; HSE perspective, while restructuring and business improvement expert, Neil Armour from Eagle Orchid Management Services will share some of his vast experience of advising management in distressed and rapidly growing organisations.
CHECK CALENDAR FOR TRAINING DATES

WITNESS FAMILIARISATION
If you are facing an Employment Tribunal and are unsure about what will happen on the day, you can turn to Empire for support. We currently offer a new specialist preparation day of Witness Familiarisation Training, in readiness for any forthcoming cases. The course is recommended for anyone who has not previously given evidence at an Employment Tribunal or who may be feeling nervous about the prospect of doing so.
CHECK CALENDAR FOR TRAINING DATES

HEALTH & SAFETY
IOSH Managing Safely, NEBOSH General Certificate and CIEH Health & Safety courses are available to enable people to assess and control workplace hazards and understand their health and safety responsibilities.
CHECK CALENDAR FOR TRAINING DATES

CUSTOMER SERVICE
Delivering good customer service for any business is a learned skill and a key point of difference. Our workshop has been developed using two methods “you make the difference” and the world famous “fish” customer service experience.
CHECK CALENDAR FOR TRAINING DATES

EFFECTIVE INVESTIGATION SKILLS
Effective Investigations are an integral part of any disciplinary or grievance procedure. This workshop will give guidance on the scope of investigations, sources of evidence, witness statements and questioning skills.
CHECK CALENDAR FOR TRAINING DATES

MANAGING CHALLENGING SITUATIONS
This session will offer guidance on conduction sensitive discussions with employees with a focus on attitude and behavioural issues, capability and underperformance.
CHECK CALENDAR FOR TRAINING DATES

INTRODUCTION TO MEDIATION
An introduction to the resolution of workplace conflict through alternative path, with a ‘How to’ guide for managers on conducting information mediation.
CHECK CALENDAR FOR TRAINING DATES
Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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A breakdown on the Changes to Unfair Dismissal Rights

Changes to Unfair Dismissal Rights

In November 2011 the Government announced its intention to increase the qualifying period required for employees to make unfair dismissal claims at employment tribunals from one to two years’ service. This change will take effect from 6 April 2012 however it is important to note that this will only apply to employees whose start date is on or after 6 April 2012. Businesses will therefore need to be vigilant when considering dismissals for employees who started prior to that date as they will still be able to bring a claim after only one year’s service.

The purpose of the change is to allow businesses more time to resolve employment difficulties and to hopefully reduce the number of unfair dismissal claims placed at tribunal. However it is important to be aware that employees may still raise other claims which are not dependent on the two years’ service requirement.

It is important to note that the change to the qualifying period will not remove the risk of discrimination claims as no qualifying periods apply to these claims. In additional there are a number of exceptions to the qualifying period which will remain.

It is anticipated that the increase in the service requirement for most unfair dismissal claims to two years may result in an increase in employees seeking to make alternative claims as described above. As such it will be important for businesses to seek advice in any circumstances where they are considering the dismissal of an employee to ensure that the risk of any claim being made is minimised. Please contact the Empire Advice Line team if you have any queries about these changes, and especially if you are looking to terminate an employee’s contract of employment.

Can Employees Working Abroad Claim Unfair Dismissal?

Ravat v Halliburton Manufacturing and Services Ltd [2012] UK Supreme Court

In the light of Lawson v Serco [2006], the Supreme Court considered whether an employment tribunal had jurisdiction to hear a complaint of unfair dismissal in relation to a British citizen, living in England, who worked for a British-registered company in Libya on a month-on, month-off basis.

The Court held, dismissing the employer’s appeal against the decision that an employment tribunal did have jurisdiction to hear an unfair dismissal complaint. The Employment Rights Act 1996, ss 94(1) (right not to be unfairly dismissed), 230(1) (definition of “employee”) did not contain any geographical limitation, although some limitation must be implied. Distinguishing Lawson, the question of law was whether s 94(1) applied to this particular employment. It was not for the courts to lay down a series of fixed rules where Parliament had decided not to do so. Their role was to give effect to what Parliament may reasonably be taken to have intended by identifying and applying the relevant principles. The question of fact was whether the connection between the circumstances of the employment and Great Britain and with British employment law was sufficiently strong to enable it to be said that it was be appropriate for the employee to have a claim for unfair dismissal in Great Britain.

The Ravat decision can certainly be viewed as an employee-friendly one – the majority of overseas worker cases will now most likely be caught by s.94 if a long enough list of factors can be produced – but it is open to question whether this is quite what Parliament had intended. Instead, the tribunals are left with a lengthy fact-finding exercise combined with a distinct lack of clarity as to what the relevant facts they should be finding are. From now on, when establishing the scope of s.94(1), anything, it seems, goes.

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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Hot of the press...

Hot off the Press.....Launch of Equality Advisory and Support Service announced
The Government has confirmed that it is commissioning an Equality Advisory and Support Service to provide telephone-based and face-to-face support to individuals experiencing discrimination.

Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  


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Key Employment Legislation : what you need to be aware of in 2012

Let's just get down to it. Here are key Employment Legislation that you need to be aware of in 2012


1. The qualifying period for unfair dismissal protection increases
The biggest change to employment rights in 2012 will be the increase of the qualifying period for an employee to bring an unfair dismissal claim, which will double from one year to two years. The change will take effect on 6 April 2012. The increase in the qualifying period is intended to give employers and employees more time to resolve any difficulties and reduce the number of unfair dismissal claims.

2. Pensions auto-enrolment begins
From 1 October 2012, new pension rules will begin to be phased in, requiring employers to enrol all eligible employees automatically and make compulsory employer contributions into a qualifying workplace pension scheme or the National Employment Savings Trust (Nest). The first wave of employers will be able to voluntarily start auto-enrolment as early as July 2012, and the legal requirement to enrol will be gradually rolled out between October 2012 and April 2017, starting with businesses with more than 120,000 employees

3. Changes to the employment tribunal procedure
The Government has announced a review of the Employment Tribunal Rules of Procedure, with significant changes expected to be introduced on 6 April 2012. Employment judges will hear unfair dismissal cases alone in the tribunal, unless they direct otherwise. The maximum amount of a deposit order, which a tribunal can order a party to pay as a condition to continuing with tribunal proceedings, will increase from £500 to £1,000. The maximum amount of a costs order, which a tribunal may award in favour of a legally represented party, will increase from £10,000 to £20,000.

4. Tribunal Fines
A proposal is being made to fine employers up to £5,000 (on top of damages) if they lose a tribunal case. The fine will be payable to the Exchequer and will be 50 per cent of the tribunal award, subject to a minimum of £100 and a maximum of £5,000. The proposed fine would not apply to employees, so it may be perceived as a revenue raising exercise, however, it could mean that even more cases are settled rather than going to a full hearing.

5. Statutory redundancy payments and guarantee payments increase
The maximum amount of a week’s pay used to calculate a statutory redundancy payment, and the basic and additional awards for unfair dismissal, increases from £400 to £430 on 1 February 2012. The maximum unfair dismissal compensatory award increases to £72,300; with the limit on the amount of a guarantee payment payable to an employee in respect of any day also increases from £22.20 to £23.50.

6. Maternity, paternity, adoption and sick pay increases
The Government has confirmed that the standard rate of statutory maternity, paternity and adoption pay will increase from £128.73 to £135.45 per week from 1 April 2012. Statutory sick pay will increase from £81.60 to £85.85 per week from 6 April 2012.

7. Watch this space...
With consultations taking place for the introduction of employment tribunal fees, plans for the introduction of “protected conversations”, and calls for evidence over whether or not the law on TUPE and collective redundancy consultation should be amended, there will be a significant number of legal developments in the pipe- line this year. The Government has also announced that it will consult on reforming the law on employment disputes and removing the third-party harassment provisions of the Equality Act 2010, alongside a proposal to amend the existing Working Time legislation around carrying over holiday entitlement.


Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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NEW YEAR RESOLUTIONS

It’s that time of year again, when some people resolve to start the year with a new sense of purpose. However, as time goes by, resolutions often fall by the wayside and we submit to the pull of the comfortable and familiar. Businesses should be no different.

January brings with it an opportunity for you to look back at the previous 12 months acknowledging your achievements and addressing opportunities. Use the time wisely to plan for 2012, reviewing and setting objectives for the coming year and to help you kick-start the process, here are some areas that you may want to consider:

Policies and Procedures
When were yours last updated? With never ending employment legislation coming through, your requirements may have changed and your policies should be reviewed on a regular basis. Do any of the recent changes affect you? Do you have a policy in place to cover the new legislation? Now is the time to review them.

Social Media
It’s everywhere, and as much as some of us may want to ignore it, you can’t overlook the potential impact on your business. For example, the more content you have on your Facebook page, the more likely you are to appear on top of search results. Is your company getting the maximum benefits from social media? What are your employees saying about your company via social media? Do you have a policy regarding the use of social media? Do you monitor social media to see what is being posted about the company? What liabilities need to be considered? This area continually evolves on a phenomenal basis and you may choose to ignore it at your peril....

Workplace Harassment
This past year seemed to bring a rise in Workplace Harassment issues with companies seeing an increase in harassment and discrimination complaints. Whether your company experienced this or not, it is important to evaluate whether you are in a position to deal with any potential issues that arise. Do you have a Harassment policy? When was it last updated? Has it been communicated to employees recently? When was the training conducted? So many companies think that these issues don’t happen to them, until they do. Taking positive steps will raise awareness amongst your employees and foster a positive work environment.

Training and Development
What does your training budget look like for next year? For many businesses, this is one of the first areas to be cut. As the economy stabilises, employees may be more inclined to change jobs. What are you doing to retain your talent? And with all the employment legislation coming through, are your managers prepared to deal with it confidently? There has never been a more important time to show your commitment to employees, by offering opportunities for learning and growth, before they head out the door.

Recognition 
While the past few years have been tough on business, it has also been tough on employees, with more being asked of them as businesses have tightened their belts. How have you shown that you recognise and appreciate your employees? Budgets may still be tight but the New Year may be an opportunity to get creative by showing them how much they are valued.


HR Audit
Whatever you decide, identifying a strategic plan for the year ahead, or conducting a full HR Audit (something we can help you with), could help to ensure that some or all of your resolutions are met. Either way, it could be a New Year and a clean slate.

Finally, here is one New Year’s resolution that Empire will be able to make and keep: we will commit to providing the high-level level of support and advice to our clients throughout 2012, so should you require help with updating your policies and procedures, need advice on specific issues or assistance in the areas of Training or Health & Safety, do get in touch.

What New Year resolutions has your business undertaken this year? How important do you think the issues that we have outlined are to your business? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.
 
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